O1679
CA:JL:mhstmp/hpadv/pc
City Council Meeting 3-30-93
Santa Monica, California
ORDINANCE NUMBER 1679(CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA AMENDING SANTA MONICA
MUNICIPAL CODE SECTIONS 9.16.070, 9.16.090, 9.16.110 AND 9.16.120
RELATING TO WORKSITE TRANSPORTATION PLANS
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS
FOLLOWS:
SECTION 1. Santa Monica Municipal Code section 9.16.070 is
amended to read as follows:
SECl'ION
9.16.070.
Contents
of
Worksite
Transportation Plans.
Employers of 50 or more
employees shall prepare, implement, and monitor
Worksite Transportation Plans for transportation
demand management
(TDM) ,
transportation
system
management
(TSM) ,
and
transportation
facility
development (TFD), which Worksite Transportation
Plans
shall
reduce
traffic
and
environmental
impacts of their sites in the City.
The Worksite
Transportation Plan shall be in a form approved by
the City'S Transportation Management Coordinator.
(a) The Worksite Transportation Plan shall
include some or all of the following mitigation
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measures, and shall include an implementation
schedule for each incentive contained therein:
(I) Education and Marketing: Hire and
fund an in-house Transportation Management
Coordinator; participate in a TMA if available or
required.
(2) Parking Management:
increase employee parking fees;
preferential carpool and vanpool parking.
(3) Ridesharing: Conduct
participate in Rideshare Matching Program;
vanpools; provide carpool, vanpool, and
subsidies.
Charge or
establish
or
broker
buspool
(4) Transit: Provide transit tokens or
pass subsidies; dedicate land, if required or
approved by the city, for light rail right-of-way,
park-n-ride lots, transit stops, or bus bays;
operate or fund shuttle bus operations; install and
maintain bus shelter(s), if required or approved by
the city.
(5) Bicycling: Provide secure bicycle
storage facilities; provide showers and lockers;
develop or fund City-approved bicycle paths.
(6) Alternative Work Schedules:
Implement 4/40 work weeks; implement 9/80 work
weeks; implement other flexible work weeks as
approved by the city's Transportation Management
Coordinator; establish telecommuting program.
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(7) Trip Length Reduction: Conduct
outreach in order to facilitate hiring to increase
proportion of employees living wi thin three miles
radius of worksite.
(8)
Use
of
Clean
Fuel
Vehicles:
Provide incentives to employees who commute in a
clean fuel vehicle.
(9) other Measures Approved by the
City's Transportation Management Coordinator.
(b) The Worksite Transportation Plan shall
consist of a report that:
(I) Calculates AVR levels for morning
and afternoon peak periods.
(2) Describes the plan incentives to be
offered.
( 3 ) Determines the number and
percentage of the project population that
participates in rideshare activities, by mode, and
estimates these statistics for the upcoming plan
year.
(4) Determines the use of COde-required
on-site parking facilities (i. e., number of spaces
for visitors, single occupant vehicles, carpools,
vanpools, etc.) and estimates use for the upcoming
year.
(5) Determines the use of off-site
parking and estimates use for the upcoming year.
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(6) Determines the current number of
transit tokens/passes sold to project employees at
full or discounted prices and the estimated number
to be sold in the upcoming plan year.
(7) Determines the number of employees
on flextime schedules or on compressed schedules and
the number of employees who telecommute and
estimates these numbers for the upcoming year.
(8) Determines the number of employees
who bicycle or walk to work and the number of
bicycle racks, lockers, and shower/locker facilities
on-site and estimates these statistics for the
upcoming year.
(9) Determines the physical condition
of project-related TSM capital improvements.
(10) Determines the number of morning
and evening peak period vehicle trips to and from
the worksite, and work related trips.
(11) Identifies and evaluates
objectives of the plan and provides an explanation
of why the plan is likely to achieve the AVR target
levels.
(12) Names the designated person or
trained Worksite Transportation Coordinator for each
site who is responsible for the preparation,
implementation, and monitoring of the plan.
(13) Includes an employee survey which
is not more than six months old, or other mechanism
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approved by the Parking and Traffic Engineer. This
survey must be taken over five consecutive workdays
(Monday through Friday). This survey must have a
minimum response rate of 75% of employees who report
to work between 6:00 a.m. and 10:00 a.m. inclusive
Monday through Friday, and 75% of employees who
report to work or leave work between 3:00 p.m. and
7:00 p.m. inclusive Monday through Friday.
(14) Includes a zip code listing
showing where all employees live who report to the
worksite during the peak periods.
(15) Lists public transit services
serving the worksite, indicating the specific
locations of nearby transit stops.
(16) Includes a management commitment
cover letter signed by the highest ranking official
on site, which includes a description of efforts
taken to involve employees in the development of
commute alternative incentives, and states that
employee notification provisions have been and will
be met.
(17) Describes the general type of
business and any unique aspects, such as seasonal
fluctuations in the number of employees and/or any
business cycles.
(c) All Worksite Transportation Plans are
required to describe the actions that the employer
took to actively involve employees in the
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development of commute alternative incentives.
Examples of acceptable employee involvement efforts
include the following: open-ended survey questions;
quality circle discussions; employee awareness
programs; and, focus groups. The management
commitment letter must identify which effort(s} was
taken.
(d) Each employer filing a Worksite
Transportation Plan is required to notify its
employees of the contents of the plan thirty (30)
days prior to filing its plan with the city.
Notification must also include information about
when and where employees can review the plan.
Employers must notify employees of plan approval
within thirty (30) days of approval by the city.
The management commitment letter must state that
these provisions have been and will be met.
(e) Employers must keep detailed records of
all documents which verify the figures used to
calculate Average Vehicle Ridership (AVR). These
records shall include at a minimum: total eligible
employee population, vehicle counts, monetary
incenti ve payments, service commencement dates for
vanpools, usage of company-owned fleet vehicles for
ridesharing or guaranteed ride home programs, and
number of employees telecommuting or working
flexible work hours. Records shall be retained for
at least two years. Approved trip reduction plans
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from prior years shall be kept for a period of at
least five years from date of approval. Failure to
maintain records or falsification of records will be
deemed a violation of this Chapter.
amended to read as follows:
SECTION 2. Santa Monica Municipal Code section 9.16.090 is
SECTION 9.16.090.
of Employer Worksite Plans.
Procedures for Submission
(a) The City TMP Office shall begin sending
written notice by certified mail to employers in
accordance with the following schedule:
December 1, 1993
and Dec. 1 of every
year thereafter
December 1, 1994
and Dec. 1 of every
year thereafter
December 1, 1995
and Dec. 1 of every
year thereafter
Each
employer
shall
Employers who employ
100 or more employees
Employers who employ
50-99 or more employees
Employers who
employ 10-49
employees.
submit
to
the
City's
Transportation Management Coordinator a Worksite
Transportation Plan within 90 calendar days after
the receipt of the notice. For employers of 100 or
more employees, an approved Regulation XV Plan less
than six months old may be submitted as the Worksite
Transportation Plan. In the event that the employer
reasonably needs more time to submit a Worksite
Transportation Plan, the employer may file a written
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request for an extension with the city's
Transportation Management Coordinator. All requests
must be received by the City TMP Office no later
than 60 calendar days after notification by the
city. The city's Transportation Management
Coordinator shall notify the employer whether or not
the extension has been granted within 15 days of
receipt of a written request for extension. In no
event shall the submission date be extended for more
than 60 days from the initial submission date.
(b) After the employer submits the Worksite
Transportation Plan, the City's Transportation
Management Coordinator must ei ther approve or
disapprove the plan wi thin 120 days. Notice of
approval or disapproval shall be given by registered
or certified mail. If the Worksite Transportation
Plan is disapproved, the reasons for disapproval
shall be given in writing to the employer. Any plan
disapproved by the City's Transportation Management
Coordinator must be revised by the employer and
resubmitted to the City's Transportation Management
Coordinator within 30 days of the notice of
disapproval.
(c) An approved employer plan may be revised
by submitting a plan revision. The revision shall
not be effective until approved by the city's
Transportation Management Coordinator.
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(d) No employer of 100 or more employees
shall be responsible for complying with this Chapter
until such time as the City and South Coast Air
Quality Management District execute an agreement
which provides an exemption to those employers from
the requirements of filing a Regulation XV plan with
the South Coast Air Quality Management District. If
at any time the City fails to meet its obligations
under the executed agreement, employers of 100 or
more employees in the City shall be released from
this Chapter and shall be subject to compliance with
South Coast Air Quality Management District
Regulation XV requirements. However, this exemption
does not relieve employers from their obligation
under South Coast Air Quality Management District
Regulation VII.
(e) It is the responsibility of all employers
of 100 or more employees to submit to the City their
Worksi te Transportation Plan by December 1, 1994,
even if they do not receive a notice from the City,
unless they have been notified by the City to do so
at an earlier date.
(f) It is the responsibility of all employers
of 50-99 employees to submit to the City their
Worksite Transportation Plan by December 1, 1995,
even if they do not receive a notice from the City,
unless they have been notified by the City to do so
at an earlier date.
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(g) It is the responsibility of all employers
of 10-49 employees to submit to the City their
Worksi te Transportation Plan by December 1, 1996,
even if they do not receive a notice from the City,
unless they have been notified by the City to do so
at an earlier date.
(h) It is the responsibility of all employers
subject to this Ordinance to submit an updated
Worksite Transportation Plan to the City annually on
the anniversary date of the most recent Worksite
Transportation Plan approval by the city.
SECTION 3. Santa Monica Municipal Code section 9.16.110 is
amended to read as follows:
SECTION
9.16.110.
Developer
Worksite
Transportation Plans. Developers of non-residential
projects which will result in ten (10) or more peak
period trips once the development is completed shall
submit a Worksite Transportation Plan to the City
for implementation of selected measures from Section
9.12.070 and required measures, as applicable, from
section 9.12.120, at their development site in
accordance with the procedures set forth in Section
9.12.120.
SECTION 4. Santa Monica Municipal Code Section 9.16.120 is
amended to read as follows:
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SECTION 9.16.120. Procedure for Submission of
Developer Plans.
(a) Developers of non-residential projects
which will generate 10 or more p. m. peak period
trips who apply for building permits for new or
expanded development projects in the City shall be
required to submit a Worksite Transportation Plan
meeting the requirements of this Chapter at the time
of application for the project's first planning
approval. The City's Transportation Management
Coordinator shall approve or disapprove the plan
within thirty (30) days of project approval by the
Planning Division or the City council, when a
Planning Division approval is appealed. Notice of
approval or disapproval shall be given by registered
or certified mail. If the plan is disapproved, the
reasons for disapproval shall be given in writing to
the developer. Any plan disapproved by the City's
Transportation Management Coordinator must be
revised by the. developer and resubmitted to the
City's Transportation Management Coordinator within
30 days of the notice of disapproval.
(b) Developer Worksite Transportation Plans
shall include those items listed in section 9.12.070
which relate to facility improvements that the
developers may implement, plus any improvements as
required in paragraph (c) below. Examples of
developer plan elements include preferential parking
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areas, bicycle storage lockers, showers and lockers,
and transit bays.
(c) In addition to optional or otherwise
required facility improvements, the following shall
be required:
(1) Non-residential development of
25,000 square feet or more shall provide, to the
satisfaction of the city, a bulletin board, display
case, or kiosk, displaying transportation
information located where the greatest number of
employees are likely to see it. Information shall
include, but is not limited to, the following:
a. Current maps, routes
for public transit routes serving the
and
schedules
site.
b. Telephone numbers for
referrals on transportation information including
numbers for the regional ridesharing agency and
local transit operators.
c.
Ridesharing
promotional
material
supplied
by
commuter-oriented
organizations.
d. Bicycle route and facility
information, including regional/ local bicycle maps
and bicycle safety information.
e. A list of facilities available
for carpoolers, vanpoolers, bicyclists,
riders, and pedestrians at the site.
transit
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(2) Non-residential development of
100,000 square feet or more shall comply with the
requirements in section 9.12. 120 (c) (I) above, and
shall provide all of the following measures to the
satisfaction of the City:
a. A safe and convenient zone in
which vanpool and carpool vehicles may deliver or
board their passengers.
b. Sidewalks or other designated
pathways following direct and safe routes from the
external pedestrian circulation system to each
building in the development.
c. If determined necessary by the
City to mitigate the project impact, bus stop
improvements must be provided. The City will
consult with the local bus service providers in
determining appropriate improvements. When locating
bus stops and/or planning building entrances,
entrances must be designed to provide safe and
efficient access to nearby transit stations/stops.
(d) An approved worksite transportation plan
shall be required prior to issuance of a building
permit.
(e) Developers shall not be required to
update approved transportation management plans.
However, compliance with such plans shall be
accomplished by the requirement set forth in section
9.12.080 that employer worksite plans be consistent
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with developer plans for the worksite, unless the
Transportation Management Coordinator approves
alternative plan components.
(f) A developer may amend a Worksite
Transportation Plan subsequent to approval of such
plan by submitting a plan revision. A subsequent
owner may amend a plan in the same manner. The
amended plan shall not be effective until approved
by the City's Transportation Management Coordinator.
SECTION 5. Any provision of the Santa Monica Municipal
Code or appendices thereto inconsistent with the provisions of
this Ordinance, to the extent of such inconsistencies and no
further, are hereby repealed or modified to that extent necessary
to effect the provisions of this Ordinance.
SECTION 6. If any section, subsection, sentence, clause,
or phrase of this Ordinance is for any reason held to be invalid
or unconstitutional by a decision of any court of any competent
jurisdiction, such decision shall not affect the validity of the
remaining portions of this Ordinance. The City Council hereby
declares that it would have passed this Ordinance, and each and
every section, subsection, sentence, clause, or phrase not
declared invalid or unconstitutional without regard to whether
any portion of the Ordinance would be subsequently declared
invalid or unconstitutional.
SECTION 7. The Mayor shall sign and the City Clerk shall
attest to the passage of this Ordinance. The City Clerk shall
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cause the same to be published once in the official newspaper
within 15 days after its adoption. This Ordinance shall become
effective after 30 days from its adoption.
APPROVED AS TO FORM:
~~
JO' PH LAWRENCE
Acting City Attorney
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Adopted and approved this 30th day of March, 1993.
~4dr
I hereby certify that the foregoing Ordinance No. 1679(CCS}
was duly and regularly introduced at a meeting of the City
council on the 23rd day of March 1993; that the said Ordinance
was thereafter duly adopted at a meeting of the City Council on
the 30th day of March 1993 by the following Council vote:
Ayes: Councilmembers: Abdo, Genser, Greenberg,
Holbrook, Olsen, Rosenstein,
Vazquez
Noes: Councilmembers: None
Abstain: Councilmembers: None
Absent: Councilmembers: None
ATTEST:
At'j)t~
----- ci ty Clerk I